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HomeMy WebLinkAbout01-2905 FX r/:J'" ':J;r / .:fQ. 9 :) ~ /' CARB-OUT k OE LUXE CHECK PRINTERS -- ~{l~f e =fl=' "0'""".00., ". ; jg 3~i3 0 -< I 0.... -' "0 0.... . m:z: ~ "m 0 ~ '" G}. ... " .... ~ ~ 00 OJ "c: m ":s: :c (; ~ ~S;mmOl :D6~~m m""i!:tl roO !; JTIc::Em ~~l>'lIZ ,,"C .. ,,"0 0 'On ~g~~o ..... :lIlJC (,)~-1z0 .... (',)1 :c ~c:: ..... o l>Z ... c: ":1 .... :eM en < m LIl 0" 0 .'iie~ ..... . .ll!l lI". ."'2 ,!'te .. :n .... -<? 0 fJi D:l 0 .... Q.. .... 0 .... -... .... &I)~ -,] 0 0 (') ~->>f ~ r+ 7-/9-ai '" ~ .tJ1 0 . 0 0 ~ 0 >I>- 0 ~ 0 ~~ U1 r c;)~ OJ r 0 > ~ ~ JJ C/J 1- "'-, ~ "-, -1'" 1- --~. -,-, I q - . I {O'-2905 I l J ~1~r"""'1 ....'- ~ .. RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date Receipt Time Receipt No, 7/21/2004 14:26:04 153410 LEHMAN JAMES R ET AL (VS) LEHMAN JESSE J ET AL Case Number 2001-02905 Receipt total. = .00 TRNS ESC OUT ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount MODIFICATION CU 50.00- REFUND 50.00 ":~~n_ ~'1~-'~ co""," J'c - <., I" ..0_ ", " . ~ WHITNEY BLAIR MARIE PETTERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION JAMES R. LEHMAN and SUEANN LEHMAN and JESSE J. LEHMAN, Respondents : NO. 2001-2905 CIVIL TERM PRIOR JUDGE: Edgar B. Bayley ORDER OF COURT AND NOW, , 2004, upon consideration of the attached Petition to ModifY Custody, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _day of ,2004, at o'clock, _,m" for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of atemporary or permanent order. FOR THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office.. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 240-3166 Itl''lI~- m - 1--< . ,_ ..,,~_ "","., -~~I " : JAMES R. LEHMAN, and SUEANN LEHMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW MAY 1 5 ZOOl{P v, JESSE J. LEHMAN, and WHITNEY B, M, PETTERSON, Defendant : NO, 01 - ..1 'i6S CNIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this day of , 200 I, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at , Cumberland County, Pennsylvania, on the day of ,2001, at ,m" for a Pre-Hearing Custody Conference, At such conference an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary Order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order, BY THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the Court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue CARLISLE, PA 17013 (717) 240-3166 .'0; I ~ '-" -. '--:'i:"-:"~:- "--"" -"',-- u I" c_ 0," . o,~, _', \J WHI1'NEY BLAffi MARIE PETTERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISI1'ATION JAMES R. LEHMAN and SUEANN LEHMAN and JESSE J. LEHMAN, Respondents : NO. 2001-2905 CIVIL TERM PRIOR JUDGE: Edgar B. Bayley ORDER OF COURT AND NOW, ,2003, upon consideration of the attached Petition to ModifY Custody, it IS hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2000, at o'clock, .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order, All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entl)' of a temporal)' or permanent order. FOR THECOURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 240-3166 I' ", '-"1" "';"",,,' ~ , '-, - WHITNEY BLAffi MARIE PETTERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION JAMES R. LEHMAN and SUEANN LEHMAN and JESSE J. LEHMAN, Respondents : NO. 2001-2905 CIVIL TERM PRIOR JUDGE: Edgar B. Bayley PETITION FOR MODIFICATION OF CUSTODY 1. Petitioner, Whitney Blair Marie Petterson, resides at 33 Skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, 2. Respondents, James R, Lehman, SueAnn Lehman, and Jesse 1. Lehman reside at 273 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3, Petitioner, Whitney Blair Marie Petterson is the natural mother of one (I) child, namely, Kadin Darius Lehman, born November 28, 1999. 4. Respondents, James R. Lehman and SueAnn Lehman are the paternal grandparents of one (1) child, namely, Kadin Darius Lehman, born November 28, 1999, 5, Respondent, Jesse 1. Lehman is the natural father of one (I) child, namely, Kadin Darius Lehman, born November 28,1999, 6. Pursuant to an Order of this Court dated June 20, 2001, a copy of which is hereto attached as Exhibit A, upon consideration of an agreement of the natural Grandparents, Respondent's herein, and the natural Father at a Custody Conciliation Conference, it was Ordered that the natural Grandparents, James R. Lehman and Sueann Lehman, shall have sole legal and primary physical ", --', [-' _,v, -,,~_, " _ ,,,_":,,:,,,;,"_ ',,," ,?c ':"')",,1-,0, " ~"_ ,c- , ,"'-, ~ custody of the minor child, Kadiin Darious Lehman with the natural mother and/or natural father having period of partial custody as agreed by the Grandparents and the respective parent. 7, Petitioner had no notice nor did she attend said custody conference referred to in paragraph 6, 8, Since the issuance of the above referenced Order, substantial circumstances and facts have changed, giving rise to this Petition, 9, The best interest and welfare of the minor child, will be promoted by a modification of the present custody agreement. WHEREFORE, the Petitioner respectfully requests that this Honorable Court modifY the current custody Order. PAUL BRAD ORR, ESQUIRE Attorney for Petitioner 50 East High Street Carlisle, P A 17013 (717) 258-8558 Supreme Court ID# 71786 [M, s)slo !'" ~ ~-I ,. - ,. ,-,,-_-p~eif'''''!-f'''-~ 'Cj1C'1 ~~ ""'_ " '" ~"' -' .. _, .1-' _ .,. ',' ',' ~ ,~ .">- Q,~ f~ UI' , ~2-.,,-- ~- C;.~ ~:~- <-1," ( :: I': !i ::i ....) (,. j::: z 2i~ I JZ -0< (:-l~.J ,,>- ...[(1) --d2: __L. ;;~.... ~JdJ ~l.]o... ~;;. 5 o u... :,0 , )-. <, ...;,,- ~->o"J "_...J . ~ ~ cL::J- Gv:) o ~~'; Q q :JO::ft: ~~..A ,., "J "..-d Q1 ~-6 0- c' ~ :'!f.~~" ~~",~__"",",,~~JII!llIIII'I'!I!.!I!~lIi'!f4l1ll~~I~lil"!l!ilj~l!F'Y':WI\B"-'J!"I'f1R~w;'r""-'f""""-r'i)""c4~e<"7: ''''~:',",Zi''''f>''''~~-1n"~#,'I;'f<f~J1'I~.IC/F!I,,o;-\'i:W~<f~1pt;~ 1')' . 6& l6- Attorney Verification I verify that the statements made in the foregoing document are true and correct. Some of the information may be known to me, but not to my client. I understand that false statements herein are made subject to the penalties of Pa. c.s. ~ 4904, relating to unsworn falsification to authorities, DATE 5 6 OJ 9 J Paul Bradford Orr, Esquire '1 -I' -:_,",,,",. """;__,,o~, --'," ,-.~< r.", -,. ~--"1'1- N . ~<'c' ..- . _ ~ ,-, . "- , f'^ 1 - JUN 2 5 2003 i JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-2905 CIVIL TERM JESSE J. LEHMAN and WHITNEY B. M. PETTERSON, Defendants : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this r'{ day of , 2003, upon consideration ofthe attached Custody Concilia IOn Report, 't is ordered and directed as follows: 1, The prior Order of Court dated June 20, 2001 is hereby vacated, 2, The paternal Grandparents, James R. Lehman and Sueann Lehman, shall have sole legal custody of Kaelin Darius Lehman, born November 28, 1999. 3, The paternal Grandparents shall have primary physical custody ofthe Child, 4. Father shall have periods of partial physical custody as agreed by the paternal Grandparents and Father. 5, follows: Mother shall have a phased-in period of partial physical custody as A. Phase I: 1. Beginning Wednesday, June 25, 2003, every Wednesday from 6:00 p,m. to 8 :00 p.m" except for the two week vacation of Grandparents during the last week of July and the first week of August. 2. Beginning June 28, 2003 one day every weekend, alternating Saturday and Sunday, from 10:00 a.m. to 6:00 p.m" the additional days are July 6,2003, and July 19, 2003, 3, During Phase I Mother shall spend all designated time with the Child, 4, Conditional upon Mother complying with the Phase I schedule, the following Phase II schedule shall be implemented. However, in the event Mother does not comply with the Phase I schedule, partial physical custody will continue for the same periods of time on ,'" 1-' - -I , , <- . ~*"~~-~ ,~ ',"J, alternating Saturdays and Sundays as in Phase I until the next conciliation conference, B, Phase II 1. Every Wednesday from 6:00 p.m, to 8:00 p,m. 2, Beginning the weekend of August 15-16,2003, alternating weekends overnight from Friday at 6:00 p,m, to Saturday at 6:00 p,m., the additional weekends are August 29-30, 2003 and September 12-13, 2003. 6, Mother shall be responsible for all transportation. 7, This Order is entered pursuant to a Custody Conciliation Conference, The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for September 18,2003 at 8:30 a.m, / /" ./ BY THJ?COURT, / J, cc: Paul Bradford Orr, Esquire, for Mother Jesse Lehman, pro se 7- y- 03 Molly Pitcher Hotel . 13 South Hanover Street (I ~ ~ Carlisle, P A 17013 -- If - ()Jr Marylou Matas, Esquire, Counsel for p ernal Grandparents ~,. Ir ~ oW" - fiLED-OfFiCE OF THE F?O-r'-'C')!.IOIAR'f 03 JUL -1 Pi'l 12: 1.4 C'IMN"" " "('\""'1''' U ,ijt:.\.-{U\;\~) 1~,:,J01\i i I PENI\!SYLVANiA ~ .,., -, ~~~~JW....ll ~ _ ,.~mlll, '_~_'~l!"~~i<W'li!"'t,",,fQ";E''''''' . - ~.. ~ ~ .~ I"" . "-~ . ~ ~ JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2001-2905 CIVIL TERM JESSE J. LEHMAN and WHITNEY B. M. PETTERSON, Defendants : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I, The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kadin Darius Lehman November 28, 1999 Paternal Grandparents 2, A Conciliation Conference was held in this matter on June 24, 2003, with the following individuals in attendance: the Mother, Whitney B. M, Petterson, with her counsel, Paul Bradford OIT, Esquire, The Father, Jesse 1. Lehman, pro se, The paternal Grandparents, James R. Lehman and Sueann Lehman, with their counsel, Marylou Matas, Esquire, 3. The Honorable Edgar B. Bayley entered an Order of Court dated June 20, 2001 granting sole legal custody to paternal grandparents, primary physical custody to paternal grandparents with parents having periods of partial physical custody as agreed by the parties, 4, The parties agreed to the entry of an Order in the form as attached, fa "',2 'I '-03 Date %. acq line M, Verney, Esquire Custody Conciliator :T'":'--'''~'l~ .> . '" I'"'' .--" ,', ',. f WlllTNEY BLAIR MARIE PETTERSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2905 CIVIL ACTION LAW JAMES R. LEHMAN, SUEANN LEHMAN AND JESSE J, LEHMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 09, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 03, 2003 at 10:30 AM for a Pre-Heari~g Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, aud Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Jacqueline M. Verney. Esq. Custody Conciliator {.. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitt)S Act of 1990. For information about accessi],le facilities and reasonable accommodations available to disabled individuals having business before the court, please contact oUr office, All arrangements must beinade.at least 72 hours prior"to any hearing or business before the court. You must attend the scheduled conference or hearing.., . ., ' YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IFYOUDONOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I"" , "9~" ,> , .<.,," , ~ ., , ~ i~~;M~=4ffr'A<lI,,'''';;I_,;_iUf'"'''J!:''--!'"''''<'''''''_+' ~:'I-",..,"gi",b.-'U",,;"Y ,,,--,-.o,,,,,~_ ", ,-"-""''''A_~~'_'~".i~,,,-_'"'-.~'<i'~$l.-1li~~..illll.,,,,,,,":","r "',,~~l1rl\'1i~lI!l!ID~1llllilil"'''"'''~INT ,\;J: T .-';: "' . ,-, "'yr~;,TARY 1"1":' ',.'P\I I ,) I);.': 2: "0 ....',J \ ,Ai """ ,l - .f" ~'J" i~"",":'::', "I" ----r...~:~ n-,( , , ,)1,'1,....: '-,' ).,"',' I.. JUI", V ,,:...1_' ,"-'.'1eo' ,.,.,-..... 'I PE~~NSYLVANiA -5. J:;J <>.3 &,;,f. tt1f7. ~ -tF ~ tf)u f/,}'03 ~ ~ t ~ /If~ .1'/;;1'03 t",.~~ ~ tJ~ #- - -- ~,,~ _. ~_I- -"~, ~ >> /!Ii " . " . WIDTNEY BLAIR MARIE PETTERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION JAMES R. LEHMAN and SUEANN LEHMAN and JESSE J. LEHMAN, Respondents : NO. 2001-2905 CIVIL TERM PRIOR JUDGE: Edgar B. Bayley AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 21" day of May, 2003, I, Paul Bradford Orr, attorney for Whitney Blair Marie Petterson, Plaintiff, in the above-captioned action, hereby swear that I have served a true copy of the Custody Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant by depositing the same in the U,S, Mail, postage prepaid, certified, return receipt requested, The original return receipt card signed by Sue Ann Lehman on May 9, 2003 indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof, Dated: ~ 1:J I /0 '5 PAUL L Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 I.D, # 7/1f'(, ,i--""'- ":'-r ,-" . --T--' - , -~"- - J? I , ." ., , -~~ ~ , -" ". , . Cdmplete items 1, 2, and 3. Also complete item 4 jf Restricted Delivery is desired. . Print your name and address or~1e reverse so. that we can return the card to ~you. . Att.ach this card to the back of the mal/piece, or on the front if space permits. 1. Article Addressed to: 'JA()IlE"S t? Lr;.H (f1t:l"j 5UEANN t....eHmA~ TE:..sSE -;:T. !...u;mA ctL? 'R.tdwoeoL UrJl- Co.d.,Sle) Pf.l llbl> 2. Article N.umbe:~ /Transfer from service iabel) PS,J'orm3811, August 2001 '10M , .'. ... \ . . > ~J1t 8. Receit by (Pdnted Name) D. Is delivery address different from item 1? If YES, enter delivery address below: 3. ServJce Type t;.!::CertifledMaU 1:J Registered o Insured Mail o Express Mail ~eturn Receipt for Merchandise DC,O.D. ) 4. Restricted Delivery? (Extra Fee) DYes ! 5 '36 ()OO,d. <.t" "JS lj.1s C::. Domestic Return Receipt 102S95-02-M<-1035 ~ ~-----'" . I . EXillBIT "A" .' . . \. o 1 E\" Kp , j '\. f l~ - -. , ,,, ,-~" -~"'<< ^~ ''''''~''-~=i'',~>' -, ""i>~?'." "';. ~~""""\i.,,~- fun 'mII!II" '-:< "T> . -""if,' ~"lt.):l' '-" .,~- -~.", ,;,;."p{~:;;t:"^'ii{~":4i-;-if;-1}~~,''''-' >x"t ':'-'jJrt'1rm::tr;';T'nir~'~;:Jk$v-t(D-:-- --tirifJllr~: . Cf)lrCJ -<;:'~ I.;":C:.: i> "-7___ 5'; , ,~ .r \ [) . ~ ..,> ;:::-;, -:,t1'1 d( .1 , , , ,,"".,," ~",~~AAll~"~llIIt~~l!P'l" "T~,.,Jl-_ ~f~'ll}mJ!~-""\"l"!I;)>!,","'-~'",;-'r'':'''',:Cj!o._,,' "..g-- '''j'1e~l'<~~~~11'l):fi'r~;',~c.~,,~~j-(i!,~~~~~1:: , , WHITNEY BLAIR MARIE PETTERSON : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JAMES R. LEHMAN, SUEANN LEHMAN: JESSE J. LEHMAN : NO. 01-2905 CIVIL TERM Defendants : IN CUSTODY JAMES R. LEHMAN, and SUEANN LEHMAN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v, JESSE J, LEHMAN, and WHITNEY B, M. PETTERSON, Defendants : NO, 01-2905 CIVIL TERM : IN CUSTODY ANSWER TO PETITION FOR MODIFICATION OF CUSTODY AND NOW, come Respondents, James R, Lehman and SueAnn Lehman, by and through their attorney of record, Marylou Matas, Esquire, and Answer Petitioner's Petition for Modification of Custody as follows: 1. Admitted, 2, Admitted in part and denied in part, It is admitted that Respondents, James R. Lebham and SueAnn Lehman, reside at 273 Redwood Lane, Carlisle, Cumberland County, Pennsylvania, It is denied that Respondent, Jesse J. Lehman, resides at that address. By way of further response, Respondents believe that Jesse J. Lehman resides at 321 Wolf's Bridge Road, Carlisle, Cumberland County, Pennsylvania. 3, Admitted. ~" '1 ", ~,' "- CO',"_ '.'"';"" ." - '-~""":'I ""'''''''.4'-'," ',,;' -Y",_ "~'~'''''I- '" ,~ __~ - '.'" -~", _.N. Xr i ,,-, .~ 4, Admitted, 5, Admitted. 6, Admitted, 7, Admitted in part and denied in part, It is admitted that Petitioner did not attend the custody conciliation conference held on June 13, 2001. It is denied that Petitioner did not have notice of the custody conciliation conference, By way of further response, the custody conciliation summary report attached to the Order of Court dated June 20, 2001, specifically indicates that "Mother, Whitney B, M, Petterson, was not present although she received notice of the conference," The aforesaid Order and Report is attached hereto and incorporated herein by reference as Exhibit "A." 8, Denied, It is denied that since the issuance of the above referenced Order, substantial circumstances and facts have changed, giving rise to this Petition, By way of further response, it is averred that substantial circumstances and facts have not changed in that: a, Petitioner did not make contact with Respondents herein from January 2002 until March 2002; b, Petitioner visited with the child one time in March 2002; c, Petitioner's mother picked up the child for a visit in April 2002; d, Petitioner did not make contact with Respondents herein from April 2002 through October 2002 to request any contact with the child; -~~ I ';-'<'~"'. "'!i., . . ~I"~- - -....- "-'," . "~. )- , '--',""-- . . , -~--~- . e, Petitioner visited with the child approximately three times in October 2002; f. Despite making arrangements with Respondents for regular visitation, Petitioner failed to arrive for scheduled visitation during November 2002; g, Petitioner visited with the child on December 6, 2002, and did not call the child again until December 29, 2002; h, Despite having every opportunity to spend time with the child, Petitioner has only visited with the child approximately four times since January 2003; 1. Petitioner filed this request for a modification of the custody Order following a support conference and various support contempt proceedings; j, During one such recent support proceeding, after requesting that Respondents herein waive support arrears, Petitioner and/or her parents were heard saying, "This is bullshit. We're going after the kid," k. Respondents believe that Petitioner was taking the child to her then current place of employment, Hooters, during her limited periods of visitation; 1. Respondents believe that Petitioner is on probation for violations relating to her failure to pay support; m, Respondent, Jesse J, Lehman, has frequent contact with the child, visiting him frequently and calling him daily; n, Respondents herein continue to provide primary care and affection for the child, as they have been; 0, It does not appear that Petitioner's circumstances have changed such that a modification of the Order is warranted, 9. Denied, It is denied that the best interest and permanent welfare of the child will be promoted by a modification ofthe present custody agreement. ';~!~~7"""-r-' '~"'>,'""'__f;~_ ~, -"--","-~ ,-~ -"'" - :1'- '--, WHEREFORE, Respondents request that Petitioner's request for a modification of the current custody Order be denied, Respectfully submitted, fI./--. Marylo s, Esquire Attorney fi espondents GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 '1i~ "',~,":r'.-:,-~(""^'; .~-- -"."",--:-._; ::---1"'" "-"'-' ,', -',-~-',~ '-':-"-'-"--' - "I " ,^ o .._~ 'ji~~ VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904, relating to unsworn falsifications to authorities. DATE: ~-j'l-/JJ ~~ SUE ANN uEHMAN DATE: b- 7-'1-03 ~f~ ES R. LEHMAN ." ,,- "',"7',<"":""'"._;"_0;' ~_-- ~ "'~_~': 1- - ~""'~' '-1"- ---_1_, "--'''f''--''''''' . - ~ ", 'j JUN 14 200'ifJJJ . JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA v. : 2001-2905 CIVIL TERM : CIV'ILkCTION-LAW JESSE J. LEHMAN and WHITNEY B. M, PETTERSON, Defendant : IN CUSTODY JESSE J. LEHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA v. WHITNEY BLAIR MARIE PETTERSON, , Defendant : NO. 2000-3257 CIVIL TE~ : CIVIL ACTION - LAW ' . : IN CUSTODY , ~ . PRIOR JUDGE: Edgar B. Bayley L ORDER OF COURT AND NOW, this JjJ' daYOf~i.J...Je. .,2DOI,uponconsiderationofthe attached Custody Conciliation Report,' s ordered and directed as follows: 1. The above captioned cases are hereinafter consolidated. 2, The prior Order of Court dated July 25, 2000 is hereby vacated. 3, The Grandparents, James R, Lehman and Sueann Lehman, shall have sole legal custody of the child, Kadin Darius Lehman, born November 28,1999. 4. The Grandparents shall have primary physical custody of the child with the ,Mother and/or Father having periods of partial custody as agreed by the Grandparents and the respective parent. 5. This Order is entered pursuant to an agreement of the Grandparents and the Father at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall contro1. Exh..bl+ A ';'-' , "~''", 'f '; ~, "-r- I" - l' . I , ; ! 1Il ~_, _ BY THE COURT, /SLrJ:;()~1 i313nf(J. Edg B. Bayley cc: Marylou Matas, Esquire - Counsel for Grandparents Jesse J. Lehman, Father, pro se 273 Redwood Lane Carlisle, PA 17013 Whitney B. M. Petterson, pro se 33 Skyline Drive Mechanicsburg, P A 17055 ITT~UE_COPY FROM RECORD n elltlmollY vlh"roo / I here unto set my ~ and t ealof sat1. rt at Carlisle. P8. .' ~i ....j~:~:.:,J;;fiL~...:... .u..J.e..f!-- .'. . . ...... ..' rothonotary --""""""""""'~l , I j--"-, ~~...."~ ~_. ~~~" ~ ,-,~~"'"""-' JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA : 2001-2905 CIVIL TERM : CIVIL ACTION - LAW JESSE J. LEHMAN and WHITNEY B. M. PETTERSON, Defendant : IN CUSTODY JESSE J. LEHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. WHITNEY BLAIR MARIE PETTERSON, Defendant : NO. 2000-3257 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCECDURE 1915.3-8, the ni1dersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kadin Darius Lehman November 28, 1999 " Grandparents and Father 2. A Conciliation Conference was held onJune 13,2001, with the following individuals in attendance: Grandparents, James R. Lehman and Sueann Lehman, represented by Marylou Matas, Esquire; Father, Jesse J, Lehman, pro se. Mother, Whitney B. M, Petterson, was not present although she received notice of the conference. No counsel appeared for Mother. 3. A prior Order dated July 25, 2000 was in effect captioned and docketed as Jesse 1. Lehman v, Whitnev Blair Marie Petterson at No, 2000-3257, The Order of July 25,2000 provided for the parents to have shared legal and physical custody of the child:. Mother has had little contact with the child and Father, although living with the Grandparents and the child, has not assumed a parenting role. -<O'''',,"_,! -~ " "'~mr'" '.", ~~,- ""I ~" 4. The Grandparents and Father agreed to the vacation of the prior Order of July 25, 2000, consolidation of the two cases and entry of an Order in the form attached, Irlt./-o / Date 9n.~ cq me M. Verney, Esquire Custody Conciliator '.,' '-I 1 -r -r - 0,- " ~ )Pf> f,..~ !U~ ,- - ",- -~ .- (') 0 0 c w .,., ~ '- :~:1 l'Jfii c::: n"J-rn Z --"~ ....,.., Z:c) r~lp ZS;: N -:"l"m en- .i-~ :tJ\.;J 26 C-::) J.. .,~ :;::: ;:0.. ::t _' .E: ,..., :::r C)~ L.-r~ 9 :2:.... :i> '-' om ,..- Z ;;;! =<! U1 :'0 -< . ,. _,.. ~,~:'1W!'~~If<!t~*"!IM:'!:I'lQ\'t;!~lg'~!li~fflJ!::lJ'"\,,,,,.,?>,,~,>w,"'f,"';-"'N"{'f'!""~>::7';'_O"'-'U-1.f~'W).t:o;;:;;;'jfI'il:l[,~%-W;'jiiffj~4€:1t'_%:1fJ.(f,*!\f.t'Jii'~\P,i~U~~ JAMES R. LEHMAN, and SUEANN LEHMAN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. JESSE J. LEHMAN, and wmTNEY B. M, PETTERSON, Defendant ~ NO, OJ... ;;;Lt;orl CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiffs are James R. Lehman and SueAnn Lehman, adult individuals currently residing at 273 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. 2, Defendant Jesse J, Lehman is an adult individual currently residing at 273 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 3, Defendant Whitney B. M, Petterson is an adult individual currently residing 33 Skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania, 4, Defendants are the natural parents of one (1) child, namely, Kadin Darius Lehman, born November 28,1999, The child was born out of wedlock. 5, Plaintiffs are the paternal grandparents of the child at issue. 6, For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods oftime: !'I'" ',~f'.'" ""-'""0' - T,"-"'~Y' 1'_" ,,- _, ". , ' ':' ,__; ,,<<,,-,-' 1":-' - ~ . NAME James R. Lehman SueAnn Lehman Jesse 1. Lehman Whitney B, M. Petterson Whitney B. M, Petterson Whitney B. Petterson Elaine Petterson James R. Lehman SueAnn Lehman Jesse 1. Lehman James R. Lehman SueAnn Lehman Jesse 1. Lehman Whitney B, M, Petterson James R. Lehman SueAnn Lehman Jesse 1. Lehman James R. Lehman SueAnn Lehman Jesse 1. Lehman Whitney B. M. Lehman James R. Lehman SueAnn Lehman Jesse J. Lehman James R, Lehman SueAnn Lehman James R. Lehman SueAnn Lehman Jesse 1. Lehman ADDRESS DATES 273 Redwood Lane Carlisle, P A birth to February 22, 2000 33 Skyline Drive Mechanicsburg, P A February 22, 2000 to February 27,2000 273 Redwood Lane Carlisle, P A February 27, 2000 to April 2000 273 Redwood Lane Carlisle, P A April 2000 to May 2000 '273 Redwood Lane Carlisle, P A May 2000 to July 2000 273 Redwood Lane Carlisle, P A July 2000 to October 2, 2000 273 Redwood Lane Carlisle, P A October 2, 2000 March 23, 2001 273 Redwood Lane Carlisle, P A March 23, 2001 to April 9, 2001 273 Redwood Lane Carlisle,.PA April 9, 2001 to Present The natural mother of the child is Whitney B, M, Petterson who resides as aforesaid, She is single, ~t_ _'_>_"I_'_~ '~'-'_"'~,-,,'~s"':;' _"<'__~';,~:~_'" - "', ".,. "=_,1",-"_-, __~'_""_C~~_ 1',01-_~~'~__"~'__" 1 ' The natural father of the child is Jesse J, Lehman who resides as aforesaid. He is single, 5, The relationship of the Plaintiffs to the child is that of paternal grandparents, The Plaintiffs currently resides with the child at issue and with the natural father, 6, The relationship of Defendant Jesse J. Lehman to the child is that of natural father (hereinafter referred to as "Father"). Father currently resides with the child at issue and with the Plaintiffs, 7, The relationship of Defendant Whitney B, M, Petterson is that of natural mother(hereinafter referred to as "Mother"), Mother currently resides with the maternal grandparents, Whitney B, and Elaine Petterson, and her brother, Brandon Petterson. 8, Mother and Father are subject to an Order of Court dated July 25, 2000, which is attached hereto and incorporated herein by reference as Exhibit "A" relating to custody of the child at issue, 9. Plaintiffs have not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child, 10. Plaintiffs have no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 11. It is in the best interest and permanent welfare of the child to grant the relief requested because: ~~)-",- 1-" ';*'_.",,-t1_D_'"'_','''__n:~~, f' _'.",:,._",_\''''_'_3'''''_,-''-,1 . ,.,--~ ~ ~'__'_""I ~',_. a) Plaintiffs have been and continue to be the primary custodian for the child at issue from the time of his birth through present; b) Plaintiffs have been and continue to be in loco parentis with respect to the child at issue; c) Mother and Father have shown an inability to provide for the financial, physical, or emotional needs of the child; d) Despite being subject to an Order of Court dated July 25, 2000, regarding custody of their child, Mother and Father have never followed any of the provisions of the Order; e.) Father has demonstrated parental unfitness and a lack of interest in the child through his limited contact, absence of affection, and inappropriate attempts to discipline the child; f.) Although Father resides with the child at issue, Father does not interact with the child, is very seldom alone with the child and is not responsible for the supervisions or care of his child, g,) Mother has indicated to Plaintiffs that she will agree to this request by Plaintiffs to have primary physical custody of the child; 12, Plaintiffs do not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. 1:'> " . ""'-' ,-" -3rT' -,"~" ._"7,'" '." . -,. _.d ,- ),1'- '0"_ 'C_ ,_,., ' --'"'<.." ."'<. I ,,- -~ 'I " " ~" " WHEREFORE, Plaintiffs requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time they should be granted primary physical and legal custody of the child, Respectfully submitted, /1';. . Marylo Attorney Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 j"~"~ . I . ,- ." -~>1"_:> -.,-.. -~ -"- - ,- L -,"- '_~'_"",IT~", ~- ',<-,1-" , 1 ,'" ."~ " VERIFICATION We verify that the statements made in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C,S, Section 4904, relating to unsworn falsifications to authorities, DATE:) -'i[-ol 11 DATE: .j':P-O I ~.Un~ SUEANN LE , Plaintiff r ". . ,- '. '1' ,," ,-.' .., e__ ~"'.,, --, - f'_ ~'_;'~I" ~, ' ',"_." 0 ,-_..,_ ,-,,- I : JESSE J. LEHMAN I Plaintiff : IN THE 0)tJRT OF COMMON PLEAS OF : CUMBERLAND CCXlNTY, PENNSYLVANIA : vs. : NO, 00-3257 CIVIL TERM , . WHITNEY BLAIR MARIE PETl'ERSEN I Defendant : CIVIL ACrION - LAW : , , CUSTODY ClIDER OF <XXlRT AND R:W, this 23 upon consideration of the attached ordered and directed as follows: day of CUstody ConcJ~~ Report,l ;tO~~ 1. The Father, Jesse J. Lehman, and the Motherl Whitney Blair Marie Pettersen I shall have shared legal custody of Kadin Darius Lehman, bom November 281 1999. Each parent shall have an equal right, to be exercised jointly with the other parenti to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health1 education, and religion. 2. '1he parties shall have physical custody of the Child in accordance with the following schedule: A. The Mother shall have custody of the Child every week from 7:00 a.m. until 3:00 p.m. on Tuesday through Friday and from Saturday at 7:00 a.m. through Sunday at 7:00 p.m. B. The Father shall have custody of the Child at all other times not specified for the Mother. 3. The parties shall share or altemate having custody of the Child on holidays as follows; A. CBRIS'DlAS: The Christmas holiday shall be divided into Segment Al which shall run frcm Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment Bl which shall run frcm Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years, B. ElISl.'ER: In every year I the Mother shall have custody of the Child on Easter until 12:00 noon and the Father shall have custody from 12:00 noon until the beginning of the Mother's next period of custody under the regular schedule. f){tfIBIT "AU /" ,..,-1',.,,-t.-,' ,. -" ,Ioft~. -~ . ~ 1""'" --~ I : C. MCf.rBER'S DAY/FATHER'S DAY: The Father shall have custody of the Child every year on Father's Day frOlll 12:00 noon through the begiMing of the Mother's next period of custody under the regular sohedule. The Mother shall have custody of the Child on Mother's Day in accordance with the regular custody sohedule. D. The holiday custody sohedule shall supet:sede and _take precedence over the regular sohedu1e, 4. Eaoh party shall be entitled to have custody of the Child for two weeks eaoh summer (to be soheduled non-consecutively unless otherwise agreed) upon providing at least 60 days advance notice to the other party. 5. The party relinquishing custody shall be responsible to provide transportation for the exchange of custody unless otherwise agreed between the parties, 6. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent1 the terms of this Order shall control, BY THE a:JURT I cc: Thomas S. Diehl, Esquire - Counsel for Father Maryann Murphy, Esquire - Counsel for Mother 'i"-'_ .-'= ,. .~ , , JESSE J. LEHMAN I plaintiff : IN TIlE mORT OF COMMON PLEAS OF : CUMBERLAND C<XlNTY I PENNSYLVANIA : vs, : NO, 00-3257 CIVIL TERM : WHITNEY BLAIR MARIE PE'lTERSEN, Defendant : CIVIL ACrION - LAW : : CUSTODY CUS.LW%' <nlCILIATION SUMMARY REPCRl' IN AccamANCE W1TfI ClJmERLAN[) CCXJNTY RIlLE OF CIVIL Pr<u..:wt.n<E 1915.3-81 the undersigned CUstody Conciliator submits the following report: 1. '!'he pertinent infornation concerning the Child who is the subject of this litigation is as follows: ClJRRENTLY IN UJ::;".LWX OF NAME DM'E OF BIRrH Kadin Darius Lehman November 281 1999 Mother/Father 2. A Conciliation Conference was held on July 191 20001 with the fOllowing individuals in attendance: The Father, Jesse J. Lehman, with his oounse11 1'homas S. Diehl, Esquire, and the Mother I Whitney Blair Marie Pettersen, with her counsell Maryann MurphYl Esquire. 3, The parties agreed to entry of an Order in the form as attached. Date ~ t?, :J-ot7V , _~Ar CUstody Conciliator i""-"'''''' l- "" , "0 '__ ,,~ _-, - _ - -,.., - ~! , - i~ "" _., 0 HIti ._ .r>iI~,,~ ,.~,. ~" '^~^. , ~ ' . p ~ 1Zag r- ~ . .... _ Ii) :::. 8 0 ~ CJ ,... , -v r ~ ~ , '''''''''!''"T o>j ,"I!I'tIl'$!'f<r~!,r.,,'~~";Wlf.i1""l"-~-II'~'f",'*,~-'li;-"f"~" """'"'''''''-'''''""' " - , ~~"-~. 0 CJ . c:..=:. --'-'1 -;p - "TJ rC: "C-". IYI ! . ~ -"" ~- -,; /-:.. S~ U; .~ -, .~ r:" ", );: '~J- " Z C -;,-. s> !....) r :2 ;:...) ::-j'J --1 -< '0 -< I ,,-,-,,<,:;;tr~~~!1!'~1>.~~'4IJl'~t~i'!JIf.l!'F~nl'!i'f'WW~io/I~~!H JAMES R. LEHMAN AND SUEANN LEHMAN PLAINTIFF V. JESSE J. LEHMAN AND WHITNEY B.M. PETTERSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2905 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, May 18, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Connty Courthouse, Carlisle on Wednesday, June 13, 2001 at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The conrt hereby directs the parties to furnish any aud all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Vernry. Esq. t2P Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans ffith Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i-'" " <"-1' "'~ ,~ <>.. , . t"~~-""!~L-:milli~G.,)t-\:~",,,,,,,o,'.:.c'_1',L""~1Hi,,,'U,:~l~~'~"'d,,,d..';"", ",,,',,:< ,'''''',l;;i2h;;;'",'lm),,,,,,,,~,=~,,,;,,,<!~f~illIm~IWlIOO~~.i:lI1lG.!llli!l~''''''~~ ~ _,t n... h ~ \ (, ~';;'-\ (.,. ;',\" \ \\~\\{ \ Co 'l\J ,.nUN\ \ , ,\.'; uV ' "-,:/0 i"\'",, \"q, r-\ r('\;\';"),,.:...n\....N,(~\li \JI).,N\r\ \,Ju<"IOn\'\\;)\\- ,'r;. " 5/1t)1 d/-t'~~ ~4 ~~ ","1"/&'0/ ~~ ~ _ & ~ 1/h ~r;./t"-$ ~~-"'-4~~ rllJlll!llllll.._ ,~ _. . li:~ JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW JESSE J. LEHMAN and WHITNEY B, M. PETTERSON, Defendant : NO. 01-2905 CIVIL TERM : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 6111 day of June, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiffs, and states that a true and attested copy of a Complaint for Custody and related Order of Court dated May 18, 2001, was sent to Defendant Jesse J, Lehman of 273 Redwood Lane, Carlisle, P A 17013 by certified mail, restricted delivery, return receipt requested, A copy of said receipt is attached hereto indicating that service was made on May 26, 200 I, ifY\...- Marylou a as, Esqu Attorney 0 laintiffs GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before m this ({flit day of ,2001 , Nolarlal Seal Ka~sa J, Lehman. NI?farlI Public Canlsle Bora, CuIribeIlarKt <;ounty My Commission Expll'9$ Aug. 25, 2003 i~>, .-,,]'- , :'-"%"-;',-, '-,"'" 0"- .. 'J-, --''''''.I_.r~, ~,'_,~'. ~ "_~,"""_~__~,, M_ " -"~-/" 1"""7~",,^~ ,~ ~ ~,. ~~~ X~d - ",' ..-- ^~. Illif 0 C) '.-' C " -~ "'" L.. ""OeD 1.= mr~ -,,~ z-o, .--'.,' ZC~ (f) >'"" f',,) -<L: 1<0 :r;:Bo " ::E;o !'?6 L-,-- )>~ '? Orn -I Z N ~ ~ (;0 ,~!ltffll~~'il'~WWRm"Jl~;:jll'!,rf.rlJ'~~;;iJl1ijIitJq_~_n~~~.~ . . C~rr,'pl.;te ~';;"si ,f a';d3,Aisocomlli~'; .. item 4 if Restricted Delivery ill desired, .' Prii\t your name. and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: , .~,~ t;-~~ .~ (J.+-- , IIDlJ , -'-," -,_, ,-c' _;', ,-C, ='<'-'''"~'''''~-' .",," /__'" -i:' A ~~fZ;%CfeariY) C. Si .T':_ 'C,-,- __"'_,u,. B...' ~~.^Of~ry ;~ ~. 'CJ , ~ o Agent Addressee D. Is delivery address different from item 1? e& If YES. enter delivery address below: 0 No hiSTR'CTEff DEll x 3. Service Type o Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Arti~. N. u'!lb~ (C~y. fro. m ~rvice .J~be9.". It J n ZD!h'~;ij~iDOi; ~r n-.h ;P1;j:lV~ PS Form Silt t, Juiy 1999 Domestic Return Receipt . It" ,t;- IT" =r rt.I r'I m r-- Certified Fee r-- rt.I .0 o Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ':lJ 1::1 Total Postage & Fees ...lI o I"; o o r-- \J~ - _,_ '~-'_"_'~""^" ' - '7 """ - ~k--' ~,,' ,.~_.~ ',,~ ~" -:C] il(iF,n ? Rill 10259S-00.M"0952 : ... , Post\nark He~ J .,. ;' -, - -~ '_J., ~ , .. j ~ ~ l~ ..,,"'"""',. -_~,~ c' ,.~"." ~~'> ',-, - "'-' ,> '_'c'" '''' ", " 'V'" " ,c"",,"'~""""'"''~''''''"'"''''''''"'''"""'"ll""lrtil "" T~'lrt'ifllml'tili'!1'"ellV"' . , 0 CJ -, ',-.I C -n ~- r.~~ -00:; ~;; rnf,', --- Z""t" wS~, ,'", ,-'., ",<" ~,- ... kC :,::-'" -" , .- ~o ~..., -.......::(") --0 '? 0rn :Pc "~, Z r"" )> :::<1. (~ ~ .. ., .,~-__,__~!'>lI~,~!Ii~~{lJ'~"'r" _",':""fl"WllnUf~ll!W~~,;#_~:W.z;t~!\lWH}iiI1:1i\~~~~~: ~, . , , JUN 1 4 2001 rIJ . t JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : 2001-2905 CIVIL TERM CIVIL ACTION - LAW JESSE J. LEHMAN and WHITNEY B. M. PETTERSON, Defendant IN CUSTODY JESSE J. LEHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA v, WHITNEY BLAIR MARIE PETTERSON, Defendant NO. 2000-3257 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley ORDER OF COURT AND NOW, this ~ day of ~~upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I, The above captioned cases are hereinafter consolidated, 2, The prior Order of Court dated July 25, 2000 is hereby vacated, 3, The Grandparents, James R. Lehman and Sueann Lehman, shall have sole legal custody of the child, Kadin Darius Lehman, born November 28,1999, 4. The Grandparents shall have primary physical custody ofthe child with the Mother and/or Father having periods of partial custody as agreed by the Grandparents and the respective parent. 5, This Order is entered pursuant to an agreement of the Grandparents and the Father at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent, In the absence of mutual consent, the terms of this Order shall control. ~~~4_., ~ I ',--' , -'''r. , ~ ,- . I ' ',1 .. i "''''~'r'''', BY THE COURT, cc: Marylou Matas, Esquire - Counsel for Grandparents Jesse J, Lehman, Father, pro se 273 Redwood Lane Carlisle, P A 17013 Whitney B. M, Petterson, pro se 33 Skyline Drive Mechanicsburg, P A 17055 , i . I 11 ~ ~~o~~ L-- (p-J. " ,..~-- ...''''~'''"'. ,,-~ .~.. " \lINv'!i1AS~jN:Jd ..uNnOO Cli\h-.ri~JJ8't!'~n8 S2 :8 l:I,.! ;!i I", ',"1" ! n v \'il j Id _:~o ~'" ,= .- -~-~--~-,. -,,~ ~~~-- '''''.~ ~l\l!I" _ "~.~r"<>J;O~__""""'.MlIiJI~FR'+">W"""'ijf&"BW''1'1'"'~'r<,,,,,,,..,,,"<H~~-'$'\--"%'''W!?ff~mh'f!'\"_" ",r,1fll,,"~ "'"',(.~~ .,. .. "0"' " ~ t "_,~~I~~i!1 , . JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA : 2001-2905 CIVIL TERM : CIVIL ACTION - LAW JESSE J. LEHMAN and WHITNEY B. M. PETTERSON, Defendant : IN CUSTODY JESSE J. LEHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA V, WHITNEY BLAIR MARIE PETTERSON, Defendant : NO. 2000-3257 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCECDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject ofthis litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kadin Darius Lehman November 28, 1999 Grandparents and Father 2, A Conciliation Conference was held on June 13,2001, with the following individuals in attendance: Grandparents, James R. Lehman and Sueann Lehman, represented by Marylou Matas, Esquire; Father, Jesse J, Lehman, pro se. Mother, Whitney B, M, Petterson, was not present although she received notice of the conference, No counsel appeared for Mother, 3, A prior Order dated July 25,2000 was in effect captioned and docketed as Jesse 1. Lehman v, Whitnev Blair Marie Petterson at No, 2000-3257, The Order of July 25,2000 provided for the parents to have shared legal and physical custody of the child, Mother has had little contact with the child and Father, although living with the Grandparents and the child, has not assumed a parenting role. 1>'~~', , _~_~,. ~ , r I ~ ~" J#' -",,"'"'" ~r! ' , . 4. The Grandparents and Father agreed to the vacation of the prior Order of July 25, 2000, consolidation of the two cases and entry of an Order in the form attached, Ir {'-I-d 1 Date 9n.~ cq ine M, Verney, Esquire Custody Conciliator I',' .~ .;" "~" ,~" <~~, JAMES R, LEHMAN and SUEANN LEHMAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-2905 CIVIL ACTION LAW JESSE J. LEHMAN and : IN CUSTODY WHITNEY BLAIR MARIE PETTERSON, DEFENDANT PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance ofthe Family Law Clinic on behalf of the Defendant, Jesse Lehman, in the above-captioned matter. ~i'-/-~cZ Alysia 1. Hudock Certified Legal Intern Date Y'17 1a-3 I I ~(~ ROBER E, RAINS THOMAS M. PLACE Supervising Attorney ANNE MACDONALD-FOX Staff Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 [j?,_~_c_ "~.Tl!'S~'"""'9-"__~iV?"'>___"',__,,-"_,- "",?>,__"'9'"'~I_ .' :-~,,_ ," '".' -, , '.'," --~. - ""~, ~, i I' <"' '-"'"_V"_ ". "v__"-,>~~_,~_,.-,,,__,,~"",~..'__ "_5O__ ''''' ~__,",_-,.,.___~",~.~.. "~_~""_',,"~'^'"""" -,--,',,-~,'" -~,' ~,'-- C) c: S~ 1') (~_ . ['"elf] '-/ "-,' ,..-~. - '- ~j\' c: '? -~r~~__ ;/l ,~ "J ::j -"- -~. r) :'-:'-1 I :,'J L\) .' .-,'" ~ ~",~~I'Jt~_~~~'''''F';r"' ~_ _., "..~l~_,_", 7~~-ll'~ .' -'_~ ,:'1 JAMES R, LEHMAN and SUEANN LEHMAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-2905 CIVIL ACTION LAW JESSE 1. LEHMAN and : IN CUSTODY WHITNEY BLAIR MARIE PETTERSON, DEFENDANT CERTIFICATE OF SERVICE I, Alysia 1. Hudock, hereby certifY that I am serving a true and correct copy of my Praecipe to Enter Appearance on Paul Orr, counsel for Defendant, whose office is located at 50 East High Street, Carlisle, Cumberland County, Pennsylvania, and Marylou Matas of Griffie and Associates, counsel for Plaintiff, whose office is located at 200 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, by facsimile and depositing a copy of the same in the United States mail, postage prepaid, this!7....day of September, 2003, Date ~1jp3 . {~r,L A... MJ Al a 1. Hudock Certified Legal Intern ~~ THOMAS M, PLACE Supervising Attorney ANNE MACDONALD-FOX Staff Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ~~, -' ,~. "~.""''''._ _~~= ~,_,_,<,_,~,_c '" ~_~~~ . ~ .._.,,~.__~ ..... SEP 1 8 2003 ~ JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-2905 CIVIL TERM JESSE J. LEHMAN and WHITNEY B. M. PETTERSON, Defendants : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ?'Z- day of consideration of the attached Custody ConciliatlO follows: , 2003, upon Report, it is ordered and directed as I, All prior Orders of Court, including the Order of Court dated July 7, 2003 are hereby vacated, 2, The paternal Grandparents, James R. Lehman and Sueann Lehman, the Mother, Whitney B, M, Petterson, and the Father, Jesse 1. Lehman, shall have shared legal custody of Kadin Darius Lehman, born November 28,1999, Each parent shall have an equal right, to be exercised jointly with the other party, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion, 3, The paternal Grandparents shall have primary physical custody of the Child. 4, Father shall have periods of partial physical custody as agreed by the paternal Grandparents and Father, 5, Mother shall have periods of partial physical custody as follows: A. Beginning Friday, September 26, 2003, alternating weekends from Friday at 6:00 p.m, to Sunday at 6:00 p.m, B, Every Wednesday from 6:00 p,m, to 8:00 p.rn, 6, Thanksgiving shall be shared and alternated from 9:00 a.m, to 3:00 p,m, and 3 :00 p,m, to 9:00 p,m, Grandparents shall have the earlier time in odd numbered years and Mother shall have the earlier time in even numbered years, I,~I_,_- - "I" 1'7' '0' --'~;;):f"'~'",<,,_, _, " ~ ,~-, I' j - _ <,,- ~ ,~. ;. _. I ,." . , 7. Christmas shall be divided into two Blocks, Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon, Block B shall run from Christrnas Day at 12:00 noon to December 26 at 12:00 noon, Mother shall have Block A in odd numbered years and Block B in even numbered years, Paternal Grandparents shall have Block A in even numbered years and Block B in odd numbered years. 8, Easter shall be shared and alternated from 9:00 a,m, to 3:00 p,m, and 3:00 p,m. to 9:00 p,m. Grandparents shall have the earlier time in even numbered years and Mother shall have the earlier time in odd numbered years, 9, Mother shall be responsible for all transportation, 10. This Order is entered pursuant to a Custody Conciliation Conference, The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 1. cc: Paul Bradford Orr, Esquire, Counsel for Mother ~ ~ Alysia 1. Hudock, certified legal intern, Anne MacDonald-Fox, Es uire, Fibnily Law Clinic, Counsel for Father Marylou Matas, Esquire, Counsel for paternal Grandparents 'l-.l,J0 1J!j q..,. 71..; '"I:-~ -"~I'~ ."^"- -,~' -~-_., -' : .' 'r-~'---<' , - ~ ,," '-'I .. -, ), I I I I , " '1'- =~ .!L,," 11\'. "' " ~. , ~~ ""~~'i_ , ,>~, ~ , \:flN\,lrl~SNN~~, ~. ),JJ-,;!'\C(", ,'-~: ;-'\ ~-,",,:!/\:f ~:) l ~'J I",; :~ C~~) c-, ,,1"\ :"i ",..(J~,~~ffl'1'''1''i,J>f'I!J%<j'1;\H'l\'i~"y{'lY.1!j!t~1l! .~.~~~ ~'''',".P[ ., .. JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2001-2905 CIVIL TERM JESSE J. LEHMAN and WHITNEY B. M. PETTERSON, Defendants : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kadin Darius Lehman November 28,1999 Paternal Grandparents 2. A Conciliation Conference was held in this matter on September 18,2003, with the following individuals in attendance: the Mother, Whitney B, M. Petterson, with her counsel, Paul Bradford Orr, Esquire. The Father, Jesse J. Lehman, Alysia 1. Hudock, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic, The paternal Grandparents, James R, Lehman and Sueann Lehman, with their counsel, Marylou Matas, Esquire, 3, The Honorable Edgar B. Bayley previously entered an Order of Court dated July 7, 2003 granting sole legal custody to paternal grandparents, primary physical custody to paternal grandparents with parents having periods of partial physical custody. Father is currently incarcerated. Mother completed her phased in period of custody, 4, q-{g-03 Date The parties agreed to the entry of an Order in the form as attached. b-M~ ~.~, acq line M, Verney, Esquire Custody Conciliator I ,'" "~ j '" "_~",,.,_ \' ~,'f.-_ 'n ' ~, . 1---'"' ., . "'__"~1'"_ 't::.,.,. 'I " , ~- , \ . WHITNEY BLAIR MARIE PETTERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION JAMES R. LEHMAN and SUEANN LEHMAN and JESSE J. LEHMAN, Respondents : NO. 2001-2905 CIVIL TERM PRIOR JUDGE: Edgar B. Bayley AFFlDA VIT OF SERVICE COMMONWEALTH OF PENNSYLV ANlA COUNTY OF CUMBERLAND AND NOW, this 26th day of April, 2004, !, Paul Bradford Orr, attomey for Whitney Blair Marie Petterson, Plaintiff, in the above-captioned action, hereby swear that! have served a true copy of the Custody Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card signed by Sue Ann Lehman on April 24, 2004 indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof, IA Dated: 4(Lb fDf By: Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA ! 7013 (717) 258.8558 I.D. #71786 ';f,-_,- "I '~'-"-"""'->>;'-- > -" '.,' --~ -'"-' ".' ~-" -" ^~" " . .~ llComple!e nem. 1. 2, >lnd 3.'Al50 4'ii;)Mi;i~ . .' ::.".::.item 4 jf Restricted Defivery r~ deSf~~f~::' "',' ::. Pi'fnt your name and address on tJi~i'ey'~~ ," . ':,:::',: so that"v,re can return the card t9 you. , .. '::.ii" Aftach".'this catd to the back of the niai[piece,' the front if space permits. . . . 0: is ,d.~I:iv~~ add~s sl.ifferen~ fr0r9.:"~,!11 1'7. . ...i(Vi;$~.~n~'c{~live:ry ad(:tress,~alow: D~fu .Addressee . c: Dat~ Qf 6'~j;.,ery "F~4~lj'f "DYes'::"" ~NO . \ ro. Yo. < c.;::>"~' ", '. .... ...J,-,l , U\- "'....A.;e '"'l\\(:\ ;'d1 '3~ec\J~l~,,-~e. . !lliQ.J..:LD\.si, SlA \ 1O\'3 . : $'~:: ,'S':eiV1cif"iyp'e , '. ta(""r.ffeoMail D,Eiqiress'l,jail . ." ,...., 'd'R'~gistemd :' ..fiT ~eturn ~~elpt for K!l~~9ise ,ti'.1Q:s\.i~.~: M~I '0 C.O.D. 4~ R:~:si'ri~!9(idel\very1'(B:irn'F'e'er [] Yes.,::,' .2:..,Art~ Number ':':':':"~'SfSitii!iiTi'~hlfce ,~. '.' PS Form 38'1'1 , 'August~i:i01 7003 1010 0001 1204 4312 f:'::':'" :,:: :.." . ':. Do~~ti? '~~h"Regelpt :. 1025~.5-oz-M.1$fO " EXHIBIT "A" " "~. -. ~ .~"'~ ". ~".". "".- c<r- k!:iJi ~ () - ~ ::g ~ """" :::.. :x. --'- ;g m~ ~ ~Z il "" :g.~ :;r,. :?::ij >~ ..". 0 ..... "';:>('"} ~ ~ olTl or. ,;:::! 'IJ (,J1- -< , i i I I I I i a I j a j 'I .I J i J "-- ~ WiI"'1!!l!I'IQIIl!l-_~~~,,~I\jIil:~~'*W<,<fI;;R~itj~e;-7'0~;"'~':":"-II''I''~>\I~;!:W'<.'IW'l,,'!ii~W"''i''1I,,","!M>,",~j~~~!li1~~'i~i WHITNEY BLAIR MARIE PETTERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION JAMES R. LEHMAN and SUEANN LEHMAN and JESSE J. LEHMAN, Respondents : NO. 2001-2905 CIVIL TERM PRIOR JUDGE: Edgar B. Bayley PETITION FOR MODIFICATION OF CUSTODY I, Petitioner, Whitney Blair Marie Petterson, resides at 2311 N, Front Street, Apt. 817 Harrisburg, Dauphin County, Pennsylvania 17110, 2, Respondents, James R. Lehman, SueAnn Lehman, resides at 273 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17013, 3, Respondent, Jesse J. Lehman, resides at 919 Gibson Blvd., Harrisburg, PA 17104 4, Petitioner, Whitney Blair Marie Petterson is the natural mother of one (1) child, namely, Kadin Darius Lehman, born November 28, 1999. 5. Respondents, James R. Lehman and SueAnn Lehman are the paternal grandparents of one (I) child, namely, Kadin Darius Lehman, born November 28, 1999, 6, Respondent, Jesse J, Lehman is the natural father of one (I) child, namely, Kadin Darius Lehman, born November 28,1999, 7, Pursuant to an Order of this Court dated September 22, 2003, a copy of which is hereto attached as Exhibit A, it was Ordered that the natural Grandparents, James R. Lehman and Sueann Lehman, the Mother, Whitney B.M, Petterson, and the Father, Jesse 1. Lehman, shall have 1',*, '::-V"l' 0,' ~. '" 1'-" , ="~"' '" 1-'-1 ' , ",f _ ',,.,..,<r,., shared legal custody of Kadin Darius Lehman, born November 28,1999, Natural Grandparents, James R, Lehman and Sueann Lehman, shall have primary physical illstody of the minor child, Kadin Darius Lehman with the natural father having period of partial physical custody as agreed by the Grandparents and the Father, Mother shall have periods of partial physical custody alternating weekends from Friday at 6:00 p,m, to Sunday at 6:00 p,m, and every Wednesday from 6:00 p,m, to 8:00 p,m, 8. Since the issuance of the above referenced Order, substantial circumstances and facts have changed, giving rise to this Petition, 9, The best interest and welfare of the minor child, will be promoted by a modification ofthe present custody agreement. WHEREFORE, the Petitioner respectfully requests that this Honorable Court modifY the current custody Order. ~l)q lD~ Date: ,. ---- PAUL BRADFORD ORR, ESQUIRE Attorney for Petitioner 50 East High Street Carlisle, P A 17013 (717) 258-8558 Supreme Court ID# 71786 -!, I ' ,., ,,>>._._'. ,- jf' 1 ~ "-'k"'" -,-~ " VERIFICATION I verify that I am the defendant and that the statements made in the foregoing Petition for Modification of Custody are true and correct. I understand that false statements herein are made subject to the penalties ofPa. C.S. S 4904, relating to unsworn falsification to authorities. DATE: L/ 14 1~ "";:~'-- . -~ 1 _ I WIllTNEY BLAIR MARIE PETTERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION JAMES R. LEHMAN and SUEANN LEHMAN and JESSE J. LEHMAN, Respondents : NO. 2001-2905 CIVIL TERM PRIOR JUDGE: Edgar B. Bayley CERTIFICATE OF SERVICE I hereby certify that on this ~ay of, A ~R 1 L. , 2004, I mailed a copy of PETITION FOR MODIFICATION OF CUSTODY to the following persons at the following address by D,S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: James R. Lehman 273 Redwood Lane t Carlisle,PAI7013 )SftM p'a (,; ~\)f) A\VtJ Sueann Lehman ) f\ 273 Redwood Lane Carlisle, P A 17013 Jesse J. Lehman 919 Gibson Blvd, Harrisburg, PA 17104 ~ Paul Bradford Orr, Esquire ~""",.- r"' ,\'-1'- '1 ~, -1'1./ 3 , " r!-' ....i'. <:;.;) , - ,,_, . ~ ..~. w .', ~, _ ." ".~.~ 'O~ 9~ _'W' _~_, - ~~. ,""'" ~,' ,- "_~~..-, - 'P ~, 0'JJ' d~. ' ......... - ~ e d - , C) "-> ('- C::Jc c) C=-? ...0;,.- -n '--l ::C:-n [-,1- e- 1"...) -0 "J N ;IJ'T' ~-=io . ;~jj ..,- (5 f1~1 - r .- , .'~ -'-, -:;' c.) .'. c.n -<: -- "'l'l!~__~:;<I_,~l'"",~"!WJI!I,""~_,~~;",pj~';~"~",p,.~",,-:,,,,,p,f"'"'''''"'"''''"'l,:~,,,,'->''';',,"';;' '-;;'qjil:;"i'''~''!l-M'%''''","_1,~,~j1--k'''' '+~'-;~,~W'"':~"'i"~'~;~~~,;~J4f,l",.:~,"'1 WIDTNEY BLAIR MARIE PETTERSON PLAINTIFF IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYL VANIA v. 01-2905 CIVIL ACTION LAW JAMES R, LEHMAN, SUEANN LEHMAN AND JESSE J. LEHMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumherland County Courthouse, Carlisle on Tuesday, May 18, 2004 at 8:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, a.nd Custody orders to the conciliator 48 hours prior to scheduled hea.ring. FOR THE COURT. By: Isl Jacqueline M, Verntry. Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, ;', YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE mE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i I I , f f r: It fl , !~-~._~" ,r, ''''0.' " '" i I I I I ~~~ -~, " ~~ -_..,~, .~ " , J~lJ~1i9]'~J<'lil"j!.~JillJ::!_'li,i,~~'-, ,'_~d ;"ii,'"~i-,,r""J';. ",.m,{'~)~"-""","~lc.!,,,:'_",, .'_ j-',,; -'>-",-_,_,_!';d",,,,,,_\:,,,-,_,__;!;,.~_,!'-j':;_~-~C"",,,~_loj""~f_,Ej<i1i""-""~"""~*,i"'~'- .'--awl;i'...... I . \: " t' t,_, fILEf}-Off\CE - v OF \HE. PROW.o\\\O\^R. 1UU~ HIW -4 Pi'\ 3: 26 ! r. 1- ,,', -- ',' ,_ ('''-1\ ;~S'I'\i , C1 I~'!"<'"___': ..., --.>-vvr,jI 1 tVI' .'r''''-' q.' ., ,\,' <'1".,1-' ,,;,.',p \1~'i\I\;.\ \,fCi',li\\)lL' ,\,,\ 5''1''11/-/ 5 if-tJ f' -.5- 'f-?J'r ewI. ~ ~#4tC2u 71~~ ~~ ~~~#~4~# . ",,~Jtli, - """,~,~o".'_"_ _~.~_,'~,. ,. ,_'7' '"' ,.~ .N,,". ., .,...j;: WillTNEY BLAIR MARIE PETTERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION JAMES R. LEHMAN and SUEANN LEHMAN and JESSE J. LEHMAN, Respondents : NO. 2001-2905 CIVIL TERM PRIOR JUDGE: Edgar B. Bayley AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNIY OF CUMBERLAND AND NOW, this L~+laay of May, 2004, I, Whitney Blair Marie Petterson, Plaintiff, in the above- captioned action, hereby swear that I have served a true copy of the Custody Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant, Jesse J. Lehman by hand delivery. Dated ~ t5aD()~ B,. /iI1ClI J ~;(O 0 tJ }~ ~--L-- ~~e:S2,e L~'h~~ 'j".'-.- - .n'-, ,,;7",,',_7;,'" ,." _ ; _,_ .'~O, ,w ,~ ~'''', ",~',,,,,. ~ ~,_. o. ~ mt"ilifo_ ~) ~J I I I i I I i I I IIf!lilll!II ~ ~, ~ ,- ~-^ ... """""' "" "" ~ '0_" c=_ _"'~ ,~~.~"__ " "" 0 0 = c = .on ..~.... .::- :::;J'TI :':0-. :=,: -t~ c::_~ ". c :;r:::'" rnp ~~~~ . ~. -aDJ ::':-:~ ~u'---" (J} co 'L)O ~:) ::? :I; -c pi; -~ r~m ~p. ~~_: w '-"~ ~ ~ -;;:7, s:- <~ --;> ..::.:. -'~ (.,) .,~-",~~'i!1J~"Wf,'j,~;Af"1{>;\W':!''N!~~I"!J1_,_,_;;.~.-~,!_''''''r,,~I4>.~ -,'1'-' , , .., JUN 0 8 2B04y; JAMES R. LEHMAN and SUEANN LEHMAN, PlaintiffslRespondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-2905 CIVIL TERM JESSE J. LEHMAN DerendantlR~pondent And WHITNEY B. M. PETTERSON, Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ----3- day of ~ C>~ , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I, The prior Order of Court dated September 22, 2003 shall remain in full force and effect except as modified hereinafter: 2. Paragraph 5A shall be modified to provide that Mother's alternating weekends shall be from Friday at 6:00 p,m, to Sunday at 8:00 p,m, 3, This Order is entered pursuant to a Custody Conciliation Conference. The parties may modifY the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference may be scheduled by any party by contacting the conciliator and fue e arties, 1. Edgar B, Bayley, cc: Paul Bradford Orr, Esquire, for Mother Jesse Lehman, pro se 919 Gibson Blvd. Harrisburg, P A 17104 James R. Lehman and Sueann Lehman, pro se 273 Redwood Lane Carlisle, P A 17013 ~ ~ {../IO'O,/ ~ .,.,,.,.."'~~- -~ -~, ""'~:-'~r,_ "1.'-' , I . ~ ,. , , M JUN 0 8 20D4 f JAMES R. LEHMAN and SUEANN LEHMAN, PlaintiffslRespondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2001-2905 CIVIL TERM JESSE J. LEHMAN, DefendantlRespondent And WHITNEY B. M. PETTERSON, Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kadin Darius Lehman November 28, 1999 Paternal Grandparents 2, A Conciliation Conference was held in this matter on June 8, 2004, with the following individuals in attendance: the Mother, Whitney B, M, Petterson, with her counsel, Paul Bradford Orr, Esquire. The Father, Jesse J, Lehman, pro se, The paternal Grandmother, Sueann Lehman, pro se, 3, The Honorable Edgar B, Bayley entered an Order of Court dated September 22, 2003 granting shared legal custody to mother, father and paternal grandparents, primary physical custody to paternal grandparents with Father having periods of partial physical custody as agreed by the parties and Mother having alternating weekends and one evening per week. Mother filed a Petition to ModifY to obtain additional time with her son, Mother expects to relocate to Cumberland County and requests another conciliation conference once she has relocated. It is further expected that Father's circumstances will change in October, 2004 and he may request another conference also, 4, The parties agreed to the entry of an Order in the form as attached. '.-- -~" - ,.., o --g -0 t.f Date '-T'''>.,-; ."".-" "-; - '.-~ - ~3,I~:!i,q~ Custody Conciliator , 1-- '" '" , ~- \ " I JAMES R. LEHMAN and SUEANN LEHMAN, PlaintiffslRespondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2001-2905 CIVIL TERM JESSE J. LEHMAN, Defendant/Respondent AND : CIVIL ACTION-LAW WIDTNEY B.M. PETTERSEN, DefendantIPetitioner : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 6th day of September, 2005, I, Paul Bradford Orr, attorney for Whitney Blair Marie Pettersen, Defendant/Petitioner, in the above-captioned action, hereby swear that I have served a true copy of the Petition for Modification of Custody, executed by the Defendant/Petitionerin the above- captioned matter, upon the Respmdents by depositing the same in the V.S, Mail, postage prepaid, certified, return receipt requested, The original return receipt card signed byJames R, Lehman on September 2, 2005 indicating service was effected, is marked , 't "A", attached hereto BRA ade a part hereof. Dated: September 6, 2005 By: Paul Bradford Orr, Esquire Attorney for Defendant/Petitioner 50 East High Street Carlisle, PAl 70 13 (717) 258-8558 J.D. #71786 i/lfl 00'_1 ^ __,< ,. -"_~"'" l' ,.'.- - "_.1''''' n -- ., or' ,. " , " -~-------'-'-'----~-...,..,.----~ :..,:.., Complete" items 1, 2;' ~nd:3. Atso:":dqh:ipj'~t~""'" item. :4ffRestricted Deliv~rifs ~re(;L: . .:":jii"'pdiIfyour name and address on"thEfn;w,erSe . .. 'stfthat. we can return the..ca'rd .to".yQ~~ ':. : 'it. Attach this card to the ,back of the mal!pi'eqe; :'.. '-'or On the front if space pennits. . : 1... Article Addressed to: nlifA\'f"\"".~~.leh,,~ ,d113'KedU-DOO lL\.M- ;~S)A \,()\'3 [.: E ':2.., Article Number !:'::::,., (Transfar"ri;)h1,:sGl}:i~/?b~I).,::" "CF'SForm3a11, AUgust 2001 .. .... . .. ", D::A~eht . til::Addressee C" Pate:A('DeO~~ '7-.:q,_o:> D., Is 2ieii'ysrY 6.ddress':differenffj-Q,m ite:rn 1'?' tJ :Ye's i{y~~t~(delivety!idd~s:/;leIOV~: . "~..:r~o . '~J:.~"..;(tj;n~~~aM~l : g: ::'~~M~l"": :\I:.:;"::" : . .... <:tt~~g!st~ed, ,~u~n,RecelptforM~Fhandise '," ,,"0 Jn~,U~::Mail :G:C.O:?:, ,::::'::: <'.~:, 4:, ,~~qted DeJjv~ (Eidra,f~f?j '," 0 Yes 7003 1010 0001 1204 7580 1':0259'54;iz-M-1640 ~omestic Return ,Reoo~pt : -=,~-,"","",-,-._-,-,.,_..,-"."..-"--....._,, '''''.~,-~''':"''-. EXHIBIT "A" "'I"~ -- J'l[!!!fi'1 ~~",_ ^.~""""~",,w~J!l!!il1'ff_f .J_ ^ ~ ,~, - ,,- ','" >"-~-' ,~. =, '~"'-~~'- ~ '. ,~~W!+""~~"I':r<,ot'9l",f,:.;>1;"j>"~""ry;,,,~,,> f ;~"',--" f' ',', '";';^_,'"''>''~''%''5:;V''''!!H'''*''-''' "-':<"""'~"""J>~1"'~'!I''''''''!ft1''''Jfi''I!IIFl~J-'!; (") ..., .. = C = ;'-h .;::- """' r+ </) :-:;:1 I',', f""'1 .~'~- -0 ~;~: I en ~- ::6: c: -u ,~- -.;&i~ ]::. C' c.: z =2 .c- .c- g6ft I)~ JAMES R, LEHMAN AND SUEANN LEHMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2905 CIVIL ACTION LAW JESSE J. LEHMAN AND WHITNEY R.M, PETTERSEN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 08, .2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueliue M, Verney, Esq, ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 06, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Tacqueline M. Verney. Esq. y Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,+, -~ :1 . ", -'-I IiIilllil\llIlli'~;';li:S;~",;"~j;H""~''iJ>:,",i;~k.4i<,,M!!!t~~;!lIi1i;d:''l",bA''.'';:;hfi~&i."3U"';__"_'l'i.;",;""'_:;,,;p,;I'""\.'.,.,.~V'li>f..,gfud~~oo.~'~,~,,""kw~~~~ilOO'illl(Uill~'I<m'-'-'J.W~ilIIlBMI F\LED.-{~!):F~-.:,~:('..". ". ! ,.... r-'""~,: IJ, ',1.", 1 [.-,H\ 1""'_',- TL;,;.~ \ji"',l' i I ,,_,,'1'.,-. " \ " ur ,l..._ "'., , jj ~1 j! l; H 'j :1 ~ , ~ I I I "r,O, (<el' ,.Cj At! 1\: 05 LUL\, .)l- .. CU~'}i~_., c. JNTY 1'. 1l.9.t?5 ~. <J CiS ff.c5 M'c~~-Z 4~ 'J1~ ~~. /'~ o/$~~~ ~~~4~~. ~~ }ECEIVED SEP 062005 O\} JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiffs/Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-2905 CIVIL TERM JESSE J. LEHMAN, Defendant/Respondent AND : CIVIL ACTION-LAW WHITNEY B.M. PETTERSEN, DefendantlPetitioner : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley ORDER OF COURT AND NOW, ,2005, upon consideration ofthe attached Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the_day of ,2005, at _ o'clock, _.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 240-3166 'j-' "1 ,~y '." . , I 0, ~. ' " ~. "1 ~ . -" ~ ~- "~~.~,-",," JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiffs/Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-2905 CIVIL TERM JESSE J. LEHMAN, Defendant/Respondent AND : CIVIL ACTION-LAW WHITNEY B.M. PETTERSEN, DefendantIPetitioner : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley PETITION FOR MODIFICATION OF CUSTODY I. Petitioner, Whitney Blair Marie Pettersen (Coleman), now resides with her husband, Joseph Arthur Coleman, at 2906 Warren Way, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17050. 2. Co-Respondents, James R. Lehman andSueAnn Lehman, reside at 273 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Respondent, Jesse 1. Lehman, resides in the Shippensburg area, address unknown, Shippensburg, Pennsylvania 17257. Co-Respondents are his parents however, and will accept service on his behalf. 4. Petitioner, Whitney Blair Marie Pettersen (Coleman) is the natural mother of one (I) child, named, Kadin Darius Lehman, born November 28,1999. 5. Co-Respondents, James R. Lehman and SueAnn Lehman are the paternal grandparents of said child, Kadin Darius Lehman. 6. Co-Respondent, Jesse 1. Lehman is the natural father of the child, named, Kadin Darius Lehman. r", '- "'_,._h_,"\'_)'. ,cor ~ "-'1-'-;--: -~ , ,1, .~ r" ~_ , 7. Pursuant to prior Order's of Court dated July 7, 2003, September 22,2003, and June 9 2004 copies of which are attached hereto and marked as Petitioners Exhibit's A, B and C, it was , , . previously Ordered that the paternal Grandparents, James R. Lehman and SueAnn Lehman, and the Mother, Whitney Blair Marie Pettersen (Coleman), and the natural Father, Jesse lLehman, shall have shared legal custody of Kadin Darius Lehman. While paternal Grandparents were awarded primary physical custody, Mother was awarded periods of Partial Physical Custody on alternating weekends starting at 6:00 pm on Friday until 8:00 pm on Sunday and every Wednesday from 6:00 pm until 8:00 pm. Natural Father has no specified periods of Partial Custody per any prior Order of Court. 8. Since the issuance of the above Orders, material and substantial circumstances and facts have significantly changed and Petitioner is now requesting Primary Physical Custody of her natural child, subject to periods of visitation for paternal Grandparents and avers the following: A) Petitioner was married on July 24, 2004, to Joseph Arthur Coleman and relocated to Cumberland County on December I, 2004; B) Petitioner is now enrolled at Harrisburg Area Community College in a Dental Hygienist Program. Additionally, her schedule is flexible and only requires approximately three (3) hours per day, Monday thru Friday, to attend classes; C) Petitioner and her husband have purchased a three (3) story townhouse with three (3) bedrooms and three (3) bathrooms and a yard with settlement date to be in late September 2005; D) Petitioner alleges that Paternal Grandparents continue to refer to rer as "Whitney" to her son and also requires her son to address her as "Whitney" rather than mother. This ,'4;''- r-':' "',.r-"'~" ,. 'I--'"~-"' '. ' 'I' ,~- ~~ ~,~- has been discussed previously without success and Petitioner feels that son may be suffering from "Parental Alienation Syndrome"; E) Petitioner recently learned that paternal Grandparents have a vacation scheduled for September 23,2005 thru October 5, 2005, whereby paternal Grandmotherwas planning on leaving child with a neighbor without informing Petitioner; F) Petitioner alleges that paternal Grandparents leave the child with neighbors/other relatives, "as she sees fit" on a regular basis, without notifYing the Petitioner, although Petitioner would prefer to watch her own son over other individuals not known to her; G) Petitioner alleges that paternal Grandmother smokes approximately two (2) packs of cigarettes a day and paternal Grandfather smokes at least one (I) pack of cigarettes a day, all in the presence of her son. Additionally, child has been required to empty ashtrays and has even, on occasion, put unlit cigarettes in his mouth; H) Petitioner alleges that the Mobile Home Park where in paternal Grandparents resides has become an unsafe environment for her son; to wit: Mobile Home next door was the subject of Arson whereby it is still under investigation and has not been removed from park; and a variety of wild animals including but not limited to: rats; feral cats; raccoons; and skunks have been observed on the premises; I) Petitioner alleges that various crimes of a violent nature have occurred in the Country Manor Mobile Home Park in recent months; to wit: attempted homicide; abduction of children; assault on residents; etc.; J) Petitioner alleges that paternal Grandparents refused to allow Petitioner the right to Baptize her son at her family church and repeatedly state to her 8m that "god is not real" and son is "made fun of' for saying prayers while in paternal Grandparents care; '~,-"",-~ V""I' n__ '"':'~' ~'-->'1 ,.~'" ' ,-- 1--1" . , - ., , ~_. K) Petitioner alleges that while her son was attending Soccer Camp from July 18, 2005 thru July 22, 2005, paternal Grandmother provided the son with caffeinated ice tea only and refused to allow mother to give the child water nor Gatorade. Further, it is alleged that he is regularly given caffeinated drinks prior to bed time; L) Petitioner alleges that in late 2004 paternal Grandmother agreed to enroll Petitioner's son in Preschool Programs in order to get him acclimated to interacting with other children but as soon as Petitioner gathered all pertinent information and registration forms paternal Grandmother refused to allow her son to attend such a program; M) Petitioner alleges that at kindergarten registration in August of 2005, paternal grandmother incorrectly asserted to school authorities that Grandmother was "the Sole Legal Guardian" (Order of Court dated 22 September, 2003, gave Shared Legal Custody of child to paternal Grandparents and to natural Mother) of the child at question and thus, belittled and minimized the status of natural Mother to School Officials; N) Petitioner alleges that paternal Grandmother orders her not to cut child's hair on a regular basis; 0) Petitioner alleges that natural Grandparents purchased a variety of"PG-13" and "R" ,rated movies for her son to view, including but not limited to: "Alien v. Predator"; "Jurassic Park"; "Jaws"; "The Boogie Man"; "Tremors", and regularly allows him to watch the TV show "Lost". -, P) Petitioner alleges that her son has stated on repeated occasions that "everything turns into monsters at night" no doubt due to the above referenced viewing of adult movies and television; ITt, ~ h- I ,-- . I"" r= Q) Petitioner alleges that her son refuses to sleep in his own bed while in her custody and further alleges that her five (5) year ten (10) month old son regularly sleeps in bed with his paternal Grandparents; R) Petitioner alleges that a caged German Shepard dog regularly stays in her son's bedroom at paternal Grandparents mobile home; S) Petitioner alleges that the only emergency exit from paternal Grandparents mobile home is blocked with a chest style freezer, preventing any ability to quickly exit said Mobile Home in the event of a fire. 9. Petitioner asserts that the best interests and mental, moral, and physical welfare of the minor child will be enhanced by modifying the present Custody Agreement. WHEREFORE, the Petitioner respectfully requests that this Honorable Court to modify the current custody Order and provide her, as the natural Mother, Primary Physical Custody. om, ~1lI0) AUL BRADFO 0 Attorney for Petitioner 50 East High Street Carlisle, P A 17013 (717) 258-8558 Supreme Court ID# 71786 ~!~':'-"'-'" '--' 1 . ] -1,-""" " . , ~ " ,,~ , ~~ JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiffs/Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-2905 CIVIL TERM JESSE J. LEHMAN, Defendant/Respondent AND : CIVIL ACTION-LAW WmTNEY B.M. PETTERSON, DefendantIPetitioner : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CERTIFICATE OF SERVICE I hereby certify that on this 31't day of, August, 2005, I mailed a copy of PETITION FOR MODIFICATION OF CUSTODY to the following persons at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Mr. & Ms. James R. Lehman 273 Redwood Lane Carlisle, P A 17013 Jesse J. Lehman c/o James R. Lehman 273 Redwood Lane Carlisle, PA 17013 ;--,:\ _:- ;:'4. "~, '1 ,,,' I''''' ,- ~ -, "' ' ~ ~ " " " -~"'^ ,Ill' .~ ,,<- ^~. -.. ~; r-> co::;. 0 c::::> -n on .." :p"" :;:l ~ <4 c:. ~-<- ..,., '~ G'") rnp ~ <..,.) -"t'~ iT. :DO ~~~ () -:.--c ~~:i '-6d t\ C)r; . ~-" - " '\) ~? iSrn ~ '-', --- ~ .~ ~ 0 :-rJ --' .< O'Q 0 O' -0 ? ~ \ "~ ~""'~ _"",~~, Kl _,~...""",~~"?:1r,"'i' ~'n I ,_./ -!,)'.,"'f"O'~f\f,'&\'@' ~~~!",!l;'" '-'~;''''''-',"'' "i~ '"",^,:$!~ " "'--"~' \ r , RECEIVED OCT 0 7 ?nn~ JAMES R. LEHMAN and SUEANN LEHMAN, Plaintiffs/Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-2905 CIVIL TERM JESSE J. LEHMAN Defendant/Respondent And WHITNEY B. M. PETTERSON, DefendantlPetitioner : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this l7 day of ~V ~005, upon consideration of the attached Custody ConciliatIOn Report, it is ordered and directed as follows: l. The prior Orders of Court dated July 7, 2003, September 22, 2003 and June 9, 2004 shall be vacated. 2. Mother, Whitney B.M. Petterson shall have sole legal custody of Kadin Darius Lehman, born November 28, 1999. In this regard however, Mother shall continue to enroll the child in his current school placement for the 2005-2006 school year. Mother shall also provide paternal Grandparents and Father with information concerning any major decision concerning the child's general well-being as it relates to his education, medical and religious decisions. Mother shall consult with, discuss and receive input from paternal Grandparents and Father cOllcerning these matters. 3. Mother shall have primary physical custody of the child begiuning Saturday, October 8, 2005 at 5:00 p.m. 4. Paternal Grandparents and Father shall have periods of partial physical custody as follows: A. Begiuning Friday, October 14, 2005 from after school to Monday mornings at school time. B. One evening per week as agreed by the parties. C. Such other times as the parties agree. 5. Thanksgiving shall be shared and alternated such that Paternal Grandparents and Father shall have physical custody ofthe child from 9:00 a.m. to 3:00 p.m. in odd numbered years and 3:00 p.m. to 9:00 p.m. in even numbered years and 1-'-' - . ""~,, '~=" ~, \ Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. in even numbered years and 3:00 p.m. to 9:00 p.m. in odd numbered years. 6. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to 12:00 noon on December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Paternal Grandparents and Father shall have Block A in even numbered years and Block B in odd numbered years. 7. Easter shall be shared and alternated such that the Paternal Grandparents and Father shall have physical custody from 9:00 a.m. to 3:00 p.m. in even numbered years and 3 :00 p.m. to 9:00 p.m. in odd numbered years. Mother shall have physical custody of the child 9:00 a.m. to 3:00 p.m. in odd numbered years and 3:00 p.m. to 9:00 p.m. in even numbered years. 8. Paternal Grandparents and Father shall be entitled to 4 weeks of physical custody of the child in the summer, not more than 2 weeks consecutive, provided they give Mother notice by January 1 of each year. Mother shall be entitled to 4 weeks of physical custody ofthe child in the summer, not more than 2 weeks consecutive, provided she give Paternal Grandparents and Fathernotice by January 1 of each year. 9. Maternal Grandfather shall not be alone with the child. 10. No party may say or do anything or permit another person to say or do anything that may estrange the child from the other party, injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and respect for the other party. 11. Transportation shall be shared as agreed. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. "~-", ,~- ~ 'I', ,'-. , "' ; I i" ~ - ""~- ~,~~" ~.- 1">"1')'" ~'Itbl" ~ .. Edgar B. Bayley, cc: Maria Cognetti, Esquire, for Mother Jesse Lehman, pro se 273 Redwood Lane Carlisle, Pa 17013 James R. Lehman and Sueann Lehman, pro se 273 Redwood Lane Carlisle, P A 17013 '-1 ,- 'I 0>;" -~ - -~ 1. :,.,. :1 'I 'I 'I 'I :1 1 J I --'''1' ~""'"'_'1""'1 . ,~ ~~. .~~ ,." - J OF ''''L'''O' '''" If )-'. ,,-[ ,o-!"If'c Tlr' p.- nr~'~~', : ;>-IL .r,t: "',1,,' !',r'!lrOTAPY -- . <'_I;", ,. <1'"--;,1:. 2D05 GirT 1'7 - Pi'1 4: f 7 CUlv\~:::~:_i-:::' ',~ -i~~' ;~\:X);\rr/ 1""I'I'''''\'l'1'''j' ,.) ~. -.,? '-0J iAI\i:"\ ". " 6 V~,I}L ~T "_"",,/,,,_I!;f~;l!m1'<~'1!lIl~~mn~_~~~m~4iA,",,"",iI'o/"'F>il(~,*rr'f*,:'!j:'\"''''1'_:!j!'~~li!'l!'}~:llI<r.-I')_ol'~'''H'~'~~"~~~~ .."".,.,!~ JAMES R. LEHMAN and SUEANN LEHMAN, PlaintiffslRespondents RECEIVED OCT 0 7 ion~ : IN THE COURT OF COMMON PLEAS OF f : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2001-2905 CIVIL TERM JESSE J. LEHMAN, DefendantlRespondent And WHITNEY B. M. PETTERSON, DefendantJPetitioner : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kadin Darius Lehman November 28,1999 Paternal Grandparents 2. A Conciliation Conference was held in this matter on October 6, 2005, with the following individuals in attendance: the Mother, Whitney B. M. Petterson, with her counsel, Maria Cognetti, Esquire; the Father, Jesse J. Lehman, pro se and the paternal Grandmother, Sueann Lehman, pro se. 3. The Honorable Edgar B. Bayley entered Orders of Court dated July 7, 2003, September 22, 2003 and June 9, 2004 granting shared legal custody to mother and paternal grandparents, primary physical custody to paternal grandparents with Father having periods of partial physical custody as agreed by the parties and Mother having alternating weekends and one evening per week. 4. The parties agreed to the entry of an Order in the form as attached. ~rnfEs~~~ Custody Conciliator 10- 7-06- Date :1 ?"f"""1'" ~,. - ~ JAMES R. LEHMAN and SUEANN LEHMAN, PlaintiffslRespondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-2905 CIVIL TERM v. JESSE J. LEHMAN, DefendantJRespondent And WHITNEY B.M. PETTERSON, DefendantlPetitioner : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE FOR WITHDRAW AL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Whitney B.M. Petterson, the DefendantlPetitioner in the above-captioned matter. Date: November 4, 2005 By: ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for DefendantlPetitioner TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Whitney B.M. Petterson, the DefendantlPetitioner, in the above-captioned matter. Date:\J4~3 \05 Whitney B. M. Whitney B.M. 2906 Warren Mechanicsburg, PA 17050 l",.",_ ~_o,1'-__~ ""''''~''~_ """,_",'._<'1"""'r'''''~_>_c ",_~".", _ _ " ,,__, _""'.^ ,~ i!j,'1 -~~ ~, - ~ j he """,~ -'" ~c - . .H"'~ .. V_""~,, ~.". "' 4 ,_,~R~_~IflWJWi'~~~ "11[0]111 :0 ,..., 0 = c:-::> Tl :~-;: "', --I ~ -; ;;r: :::e-n c::> n1r= ~:.... -orn w ~,;~? c:> ::::'0 ~ ~~ GJ --, N ~ -J;~ :< .,_","~':"" ~_~"""",3'~~,~._ r"